However, when background sound exceeds an equivalent
A- weighted sound level (LEq) of 75 db(A), sound originating from a
public right of way or public space within a commercial/light industrial
district shall not constitute a noise disturbance if the sound level does
not exceed an equivalent A-weighted sound level (Leq) of 5 db(A)
above background sound. Background sound shall be measured no closer
than 50 feet from the source of the sound, or measured at the outside wall
of a building adjacent to the public right of way or public space from
which the sound originates.

SECTION 2. That section 24.10, Code of General
Ordinances, entitled "Noise disturbance prohibited" is repealed, and
a new section 24.10 entitled "Noise disturbance prohibited" is
enacted to read as follows:

Section 24.10. Noise disturbance prohibited.

(a) General. No person shall make, continue,
or

cause to be made or continued any noise
disturbance, except when necessary in the performance of construction
work as defined in section 24.3(q) of this chapter.

(b) Noncommercial activities. Noncommercial
public

speaking and public assembly activities conducted on
any public space or public right-of-way shall be exempt from the
operation of this section, but shall not be exempt from the specific
provisions of section 24.11.

(c) Specific prohibitions. This section shall
not

apply to activities specifically regulated by
this chapter.

SECTION 3. That section 24.11, Code of General
Ordinances, entitled "Specific prohibitions" is repealed, and a new
section 24.11 entitled "Specific prohibitions" is enacted to read as
follows:

Section 24.11. Specific prohibitions.

The following acts and the causing thereof, are

declared to be in violation of this chapter:

(a) Aircraft. It shall be unlawful for any
person

to operate or cause to be operated any type of
aircraft over the city which produces noise levels exceeding
sixty-five (65) db(A) within the city, but any aircraft operated in conformity
with or pursuant to federal law or regulations shall be exempt from the
provisions of this code. Any aircraft operating under technical
difficulties, in any kind of distress, under emergency orders of air
traffic control or being operated pursuant to and subsequent to the
declaration of any emergency under federal air regulations shall also be
exempt from the provisions of this code.

(b) Animals and birds. Owning, possessing or

harboring any animal or bird which frequently or
for continued duration howls barks, meows, squawks or makes other
sounds which create a noise disturbance: (1) across a residential real
property boundary; or (2) within a noise-sensitive zone.

Public zoos or the keeping or maintaining of
livestock more than one-hundred (100) feet from the nearest
residential dwelling as provided for in Section 6.13, Code of General
Ordinances, shall not be regulated by this chapter.

(c) Domestic power tools. Operating or
permitting

the operation of any mechanically or electrically
powered saw, drill, sander, grinder, lawn or garden tool, or similar
device used outdoors in residential areas between the hours of 10:00 p.m.
and 7:00 a.m. the following day so as to cause a noise disturbance across
a residential real property boundary.

(d) Firearms and similar devices. The use or
firing

of firearms or similar devices which create impulsive
sound so as to cause a noise disturbance across a real property boundary
or on a public space or right-of-way. (Explosive permits are issued
pursuant to Sections 14.33 through 14.42, Code of General Ordinances, and
are not regulated by this Section.) (Use of firearms is also
regulated by Section 26.182, Code of General Ordinances.)

(e) Loading and unloading. Loading, unloading,

opening, closing or other handling of boxes,
crates, containers, building materials, garbage cans or similar
objects between the hours of 7:00 p.m. and 7:00 a.m. the following day in
such a manner as to cause a noise disturbance across a residential real
property boundary or within a noise-sensitive zone, except when
necessary in the performance of construction work as defined in
Section 24.3(q) of this chapter.

(f) Loudspeakers/public address systems.

(1) Using or operating for any commercial
or

noncommercial purpose any loudspeaker, public

address system, hand held electrically powered

device amplifying speech, or similar device
such

that the sound therefrom creates a noise

disturbance.

(2) Using or operating for any commercial

purpose any loudspeaker, public address system,

hand held electrically powered device
amplifying

speech, or similar device between the hours of
7:00

p.m. and 8:00 a.m. the following day on a
public

right-of-way or public space.

(g) Noise-sensitive zones.

(1) Creating or causing the creation of
any

sound within any noise-sensitive zone
designated

pursuant to Section 24.5(g), so as to disrupt
the

activities normally conducted within the zone,

provided that conspicuous signs are displayed

indicating the presence of the zone; or

(2) creating or causing the creation of
any

sound within any noise-sensitive zone,
designated

pursuant to Section 24.5(g), containing a
hospital,

nursing home or similar activity, so as to

interfere with the functions of such activity,

provided that conspicuous signs are displayed

indicating the presence of the zone.

(h) Places of public entertainment.

(1) Operating, playing or permitting the

operation or playing of any radio, television,

phonograph, drum, musical instrument, sound

amplifier or similar device which produces,

reproduces or amplifies sound at a sound level

greater than eighty-five (85) db(A) as read by
the

slow response on a sound level meter at any
point

that is normally occupied by a customer in any

place of public entertainment with a seating

capacity of less than five hundred (500)
persons,

unless a conspicuous and legible sign is
located

outside such place, near each public entrance,

stating: "WARNING: SOUND LEVELS WITHIN MAY
CAUSE

PERMANENT HEARING IMPAIRMENT."

(2) Operating, playing or permitting the

operation or, playing of any radio, television,

phonograph, drum, musical instrument, sound

amplifier or similar device which produces,

reproduces or amplifies sound in any place of

public entertainment which creates a noise

disturbance across a residential real property

boundary or within a noise-sensitive zone.

(3) Operating, playing or permitting the

operation or playing of any radio, television,

phonograph, drum, musical instrument, sound

amplifier or similar device at or within a
place of

entertainment situated within a
commercial/light

industrial district as defined an subsection

24.3(l) which produces, reproduces or amplifies

sound in such a manner as to create a sound
level

which exceeds an equivalent A-weighted sound
level

(Leq) of 80 db(A) when measured at or within
the

real property boundary of the receiving real

property.

(i) Powered model vehicles and aircraft.
Operating

or permitting the operation of powered model
vehicles or model aircraft so as to create a noise disturbance across
a residential real property boundary, in a public space or within a
noise-sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the
following day.

(j) Racing events. Operating or permitting any
motor

vehicle or motorcycle racing event at any place so
as to create a noise disturbance across a residential real property
boundary, in a public space or within a noise-sensitive zone between the
hours of 10:00 p.m. and 7:00 a.m. the following day.

(k) Radios, television sets, musical
instruments and

similar devices. Operating, playing, or permitting
the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier or similar device which produces,
reproduces or amplifies sound:

(1) At any time in such a manner as to
create

a noise disturbance across a real property
boundary

or within a noise-sensitive zone;

(2) In such a manner as to create a noise

disturbance at fifty (50) feet from such
device,

when operated in or on a public right-of-way or

public space, or in or on public waters;

(l) Security alarms.

(1) Failure to cease emitting sound.

a. Residential areas. Local alarm

systems located within a residential
district

or within five hundred (500) feet of a

residential district failing to cease
emitting

an audible sound within fifteen (15)
minutes

of activation are prohibited and shall
also

constitute a nuisance.

b. Nonresidential areas. Local
alarm

systems not located within a residential

district and not within five hundred (500)

feet of a residential district failing to

cease emitting an audible sound within
thirty

(30) minutes of activation are prohibited
and

shall also constitute a nuisance.

c. Intermittent sounds. Alarm
systems

which emit an intermittent signal failing
to

cease emitting an audible sound within
fifteen

(15) minutes of activation in a
residential

district or within five hundred (500) feet
of

a residential district, or within thirty
(30)

minutes of activation in all other areas,
are

prohibited and shall also constitute a

nuisance.

(2) Exceptions. Alarm systems installed
prior

to January 1, 1987, which do not have the

capability to automatically discontinue the
audible

alarm sound within the times prescribed by
Section

24.11(l)(1) shall not be subject to Section
24.25,

"Penalties".

SECTION 4. That section 24.18, Code of General
Ordinances, entitled "Exceptions" is repealed, and a new section
24.18 entitled "Exceptions" is enacted to read as follows: